HOUSE PROPOSED BILL TO REPEAL "IN THE HOME" RESTRICTION

New legislation proposed in the House of Representatives last week
would lift a restriction that prevents Medicare coverage of
wheelchairs needed for mobility outside the home.

Under the Centers for Medicare & Medicaid Services' (CMS) current
interpretation of the Medicare statute, coverage of mobility devices
for people with disabilities is limited to those that are "reasonable
and necessary" for use inside the individual's home. Disability and
other advocacy groups, including the Medicare Rights Center, have
criticized the agency's interpretation as incorrect and
discriminatory, since individuals need access to mobility devices that
are safe and effective for use outside the home.

The Medicare Independent Living Act (H.R. 1809) was introduced March
29 by Representative Jim Langevin, Democrat of Rhode Island, and
Representative Jim Ramstad, Republican of Minnesota.

The bill would remove statutory language used by CMS to restrict
coverage to mobility devices needed in the home. The statute was
originally intended to define reimbursement guidelines for durable
medical equipment; the devices fall under Part B coverage instead of
Part A since they are provided outside of a hospital or skilled
nursing facility. But, according to critics, Medicare's interpretation
of the rule blocks access to mobility devices more suitable outside
individuals' homes.

"This legislation will help ensure that individuals with disabilities
have access to appropriate mobility devices and, in turn, improved
access to their communities," said Langevin, who is co-chair of the
Bipartisan Disabilities Caucus.